I flew to Morocco without a valid visa

T

TEH

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I have changed the title on this thread as it was misleading - Brendan

I was flying via British Airways on flight BA 6922 from London Gatwick to Marrakech Airport on 22 March 2008. It was a 3 hours and 25 mins journey excluding my connecting flight from Dublin to London Gatwick in which the layover was another 4 and a half hour. All in all, I had traveled for about a total of 8 hours and 15 mins from Dublin Airport to Marrakech.

Upon arriving at Marrakech Airport, all the passengers were on the queue to get the passport stamped as there were estimated 4 flights arrived at the same time. As I was on the queue for almost half an hour waiting for my turn to get my passport stamped, I was eager to check into the hotel and explore Marrakech. I also travelled with my partner in which both of us are eager to enjoy the beauty of Morocco. As I submitted my Malaysian passport and my partner Irish passport, the immigration officer flipped through the pages of my Malaysian passport and without any explanation and probing questions, the immigration officer handed my passport over to a gentleman standing behind her. The gentleman took my travel document and marching towards me and kept shouting at me in foreign language in which I did not understand a single word. I kept on probing for an explaination to this gentleman whom I believe he is the policeman now and explaining to him that I come here merely with my partner as tourists. This officer did not accept my explanation and took me to outside of Menara Marrakech and forced me to get on to the same flight back to London. I was pleading for an alternative but with no success. At the same time, the BA pilot came out from the cockpit and tried to explain to the officer, however, he refused to listen. With embarassement and feeling totally helpless, I was asked to get on the British Airways flight (BA6922) back to London. I pleaded to the officer to allow me to hand over the hotel reservation document to my Irish partner but I was refused.

I found out later from one of the flight attendant that I need a visa to enter Morocco.

After landing at London Heathrow, BA had arranged a flight for me back to Dublin on the next morning. I was stranded at London Heathrow Airport for 6 hours prior to my flight back to Dublin. All in all, I had wasted 24 hours including the travelling time and waiting for my flight.

In that case, am i entitled to claim BA based on the incompetence of the checked in staff of not able to understand the requirement of visa to enter Morocco?
 
Re: Ordeal With British Airways

In that case, am i entitled to claim BA based on the incompetence of the checked in staff of not able to understand the requirement of visa to enter Morocco?

I'd certainly hope not.

It's a fairly basic responsiblity to ensure you have the appropriate VISA and travel documentation for your journey.
 
Re: Ordeal With British Airways

It's pretty clear in any Ts&Cs of any carrier - not just BA - that it's your responsibility to have the proper documentation to travel to the destination where you booked the ticket. Yes airlines often check at check in (largely to cover themselves as some countries like the UK can fine carriers large amounts for bringing people without proper documentation) ... but this doesn't absolve you of the basic requirement to have a visa and have your own documentation in order.

It's not fair of you to blame this on BA ... while it's unfortunate and certainly a horrible experience it's essentially your fault not theirs.
 
Re: Ordeal With British Airways

In that case, am i entitled to claim BA based on the incompetence of the checked in staff of not able to understand the requirement of visa to enter Morocco?
I doubt you have a case here to be honest.

You should have checked whether a visa was required for citizens of your country to enter Morocco before you left. This is almost certainly printed on the terms and conditions when you purchased the flights.

Either way you look at it, you were not going to be able to enter Morocco as you failed to do that bit of research beforehand. Would you really have been any happier if BA had flat out refused to let you get on the flight in the first place?

I think it might be a bit much to expect check-in staff to be experts on the multitude of permutations that exist between the visa requirements for citizens of every country in the world and the destinations they fly to.
 
Re: Ordeal With British Airways

Its your responsibility to check visa regulations and I would not be surprised if BA tried to claim the cost of the unbooked return flights to both London and Dublin.
 
Re: Ordeal With British Airways

I assume you VISA was missed because you checked through from Dublin to Marrakech (I presume the Airlingus code-share) where they may not be aware of the visa requirements of your final destination...

Either way BA did everything that could to help you... the pilot got involved on your side, they flew you back on the next flight home.... I can't see what else an airline could do for you ?
 
Re: Ordeal With British Airways

I assume you VISA was missed because you checked through from Dublin to Marrakech

Visa was missed by the OP. The airline have no responsiblity to check for the visa. It is up to the traveller to have all the required documentation in place. Airlines usually check for their own benefit so that they don't have to carry a passenger on the return trip. OP was lucky there were available seats on the flight.
 
Re: Ordeal With British Airways

never visited Morocco but from above assume Irish citizens and probably UK ( and maybe all eu?) citizens dont require a visa. very hard to lay blame on airline staff in this case. they can't be expected to know the requirements each country requires from travellers from other countries. No doubt if you were travelling directly from Malaya to Morocco the check in staff would be aware of the requirements but in this case it would have been pretty well impossible for Irish/UK check in staff to be familiar with them. Most countries have a varied visa system ie Turkey doesn't require a visa from Malaysia (or Morocco for that matter) but Irish citizens have to pony up €10 on arrival. Sounds a horrible experience and I sympathise with you on that but don't blame the airline staff.
I related this story to a friend at work yesterday evening and the other person replied how lucky you were that it wasn't Ryanair as their return flight would have been gone long before you reached the head of the queue. made me wonder though what exactly would they have done in a case like that?
 
Re: Ordeal With British Airways

The airline should have known that the OP was required to hold a visa. In fact when an airline brings a visa required passenger to Ireland without a visa they get a €1500 fine on the spot. This doubles if its not paid within a month. Most countries have similar legislation so its in their own interest that they know the visa requirements for each country they fly to. As to a refund its unlikely. As previously stated visas are the passengers own responsibility also and the OP should have checked with the Moroccan Embassy before travelling.

The point about travelling with Ryanair is a good one. The OP would have been held in custody until the next Ryanair flight(which may have been several days) Not an appealing prospect!
 
Re: Ordeal With British Airways

I'd cut your losses and be thankful BA didn't charge you to fly back at such short notice... visas are your responsibility...
 
Re: Ordeal With British Airways

...very hard to lay blame on airline staff in this case. they can't be expected to know the requirements each country requires from travellers from other countries...
I don't agree. The airlines involved have a very clear responsibility at check-in time to ensure that passengers have the requisite travel documentation for ALL legs of their journey, particularly in these days of code-sharing.

As per previous posters, immigration officials in the destination country have the power to levy fines and the cost of a homeward voyage against the airline delivering passengers without proper travel documentation.

I believe strongly that OP has a case for BA and Aer Lingus to answer.

I'd cut your losses and be thankful BA didn't charge you to fly back at such short notice... visas are your responsibility...

It is their responsibility as OP was taken on their flight to a destination without the correct clearances. They are also facing a fine.

There are several reasons for handing in a passport at check-in, but one of the main ones is to ensure that all the correct visas are in place for the passenger at their ultimate destination and at any interim stopovers. If they are not, then travel must be refused.

I believe strongly that OP has a case for BA and Aer Lingus to answer.
 
Re: Ordeal With British Airways

OP, I feel for you, what a dreadful experience. Unfortunately, like most people on this thread, I believe you will have no success should you take legal action against BA.

I Googled around a little and found this online book:
books.google.ie/books?id=0y72bRIDNFYC&pg=PA415&lpg=PA415&dq=travel+visa+responsibility+airline&source=web&ots=xBM76s08q1&sig=L-2SxCqafg9NrM1V6naCNvCRids&hl=en#PPA415,M1]
Hotel, Restaurant and Travel Law: A Preventive Approach by Cournoyer, Marshall & Morris.


Read the section on "Liability for Consequences of Traveller's Lack of Visa" on page 413. Two examples are given, in the first case, against BA, the plaintiff was denied boarding, while in the second case, against Iberia, the plaintiff ended up in custody in Turkey. The plaintiffs lost in both cases.

Apparently airline tariffs provide that it is the traveller (and not the airline) who must take responsibility for determining what travel documents are required for travel to a destination, and it is also the traveller's responsibility to acquire such documentation.
 
Re: Ordeal With British Airways

I believe strongly that OP has a case for BA and Aer Lingus to answer.

Don't think so no ... yes in some cases it is in the airline's interest to ensure that the passenger has the correct papers as otherwise they will be fined as has been pointed out. Whether there are fines for airlines in the case for Morocco or not I don't know (but I suspect there wouldn't be)

However this still in no way absovles the OP from the responsibility to ensure their own papers are in order . ... Yes the airline may (to cover themselves) check peoples passports / visas before departure .. but ultimately it's up to you to comply with the immigration requirements of the country you are travelling to.
 
Re: Ordeal With British Airways

As a holder of a Malaysian passport the OP should be well aware visa requirements should be checked before travel, unless she hasn't flown anywhere else before??

Anyway, i think its a long shot trying to lay blame on the airline.
If however you booked through a travel agency which is an abta memeber you may some recourse against them.
 
Personal Responsibility is the phrase that comes to mind. Instead of being thankful that he/she wasn't locked up and had to pay a huge fine, OP is looking to blame BA and get compensation. Maybe Michael O' Leary is right after all to just offer what he offers!!!
 
As a person who has had to get a visa before ...... there is no excuse for not checking up on your status when you booked. Just consider yourself lucky at not being billed for your unscheduled returns. It will make an interesting post dinner story in twenty years time.:)
 
Re: Ordeal With British Airways

I don't agree. The airlines involved have a very clear responsibility at check-in time to ensure that passengers have the requisite travel documentation for ALL legs of their journey, particularly in these days of code-sharing.....

There are several reasons for handing in a passport at check-in, but one of the main ones is to ensure that all the correct visas are in place for the passenger at their ultimate destination and at any interim stopovers. If they are not, then travel must be refused.

From a practical perspective this is a very diffcult thing to implement correctly. Take the case above of a Malaysian national travelling to Morroco and multiply it by the number of British Airways destinations plus possible source countries for London Heathrow. You've got a spaghetti tin of rules which may or may not be grey areas which would result in more problems than it solves.

It's much much simpler for all parties involved if the onus remains on the passenger to check his visa status, fines for delivering a non-eligable passenger notwithstanding.
 
A (similar) Ordeal With British Airways

From a practical perspective this is a very diffcult thing to implement correctly. Take the case above of a Malaysian national travelling to Morroco and multiply it by the number of British Airways destinations plus possible source countries for London Heathrow. You've got a spaghetti tin of rules which may or may not be grey areas which would result in more problems than it solves.

It's much much simpler for all parties involved if the onus remains on the passenger to check his visa status, fines for delivering a non-eligable passenger notwithstanding.

I've been reading this thread with great interest as I recently had a similar experience with BA. In my case it involved a flight to Mumbai for which I was allowed onto the flight without being asked to produce a valid entry visa at either check-in or final boarding. As a result, I flew to Mumbai and was detained by the Indian immigration authorities at the airport for two hours before being placed on the return BA flight.

While I accept that responsibility for obtaining a visa is mine, it seems to me that BA also has a responsibility to ensure that all required travel documents are presented at check-in, not just a ticket and passport. I'm not sure if this is a legal requirement, but BA customer services has since assured me that 'under no circumstances' would any passenger be allowed onto an international flight without a visa. Had this been asked to produce a visa - and then refused permission to fly - I could have re-booked the flight for a later date and obtained the necessary visa in the meantime. But as I was allowed onto the plane, my ticket was wasted on a pointless and highly stressful return journey to Mumbai.

BA's lax check-in procedures also caused me a great deal of stress and embarrassment which raises the possibilty that it might have failed in its Duty of Care.

For these reasons, I believe BA should at the very least accept a shared responsibilty for the problem and provide me with either a refund of the ticket or a replacement or a reasonable offer of some kind. Needless to say, when I suggested this to them I received a complete refusal.

You comments are welcome!
 
Re: A (similar) Ordeal With British Airways

What did you expect to happen when you arrived in India without a visa ?
 
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